CONSENTAGREEMENT

BETWEEN
RICHARDW. HERTLE,M.D.,
AND
THESTATEMEDICALBOARDOFOHIO
ThisConsentAgreement isentered into by and between Richard W. Hertle, M.D., [Dr. Hertle],
and theStateMedical Board ofOhio [Board], a stateagencycharged with enforcingChapter
4731., Ohio Revised Code.
Dr. HertleentersintothisConsentAgreementbeing fully informed ofhis rights underChapter
119.,OhioRevised Code, including the right to representation by counsel and the rightto a
fonnal adjudicative hearingon the issuesconsidered herein.
BASIS FORACTION
ThisConsentAgreement is entered intoon the basisofthe following stipulations,admissions
and understandings:
A. TheBoard is empowered by Section4731.22(B),Ohio Revised Code,to limit,
revoke, suspend acertificate, refuseto registerorreinstatean applicant,orreprimand
orplaceon probationthe holderof a certificate for a violationofSection
4731.22(B)(26), OhioRevised Code, for"impairmentofabilityto practiceaccording
to acceptableand prevailingstandardsof carebecauseofhabitual orexcessiveuse or
abuseofdrugs,alcohol,orothersubstancesthat impairabilityto practice;"and/or
Section4731.22(B)(19), Ohio Revised Code, for "[i]nabilityto practiceaccording to
acceptableand prevailing standardsofcareby reason ofmental illnessor physical
illness, including, but not limited to, physicaldeterioration that adverselyaffects
cognitive, motor,orperceptiveskills."
B. TheBoardenters intothisConsentAgreement in lieu offormal proceedingsbased
upon the violationof Sections4731.22(B)( 19)and (B)(26),Ohio Revised Code,as
setforth in Paragraphs Eand F, below,and expresslyreservesthe right to institute
formal proceedingsbased upon anyotherviolationsof Chapter4731. ofthe Revised
Code, whetheroccurringbeforeoraftertheeffectivedateofthisConsentAgreement.
C. Dr. Hertleadmitsthat he was initially licensed to practicemedicine in Ohio, license
number35.052179,onoraboutJuly I, 1985;that hesubsequentlyapplied forand
wasgranted restorationofhiscertificateeffectiveJune28, 2002; and thatsuch
restored certificate lapsed for non-renewal onoraboutOctober 1, 2004. Dr. Hertle
further admitsthathe is againseeking restoration ofhis certificateat thistime.
STEP II CONSENTAGREEMENT
RICHARD W. HERTLE, M.D.
PAGE2
D. Dr. Hertlestatesthat he holds an active licenseto practicemedicineand surgery in
the CommonwealthofPennsylvaniaand inactive licenses to practicemedicineand
surgery in the StatesofMassachusettsand NewJersey.
E. Dr. Hertleadmitsthatin orabout 1994, he wasself-prescribing Percocetfor
approximatelysixmonths. Dr. Hertlefurtheradmitsthatconsequently, he entered
intoan intensiveoutpatienttreatmentprogramwith an addictionologistin
Pennsylvania. Dr. Hertle futheradmits thatsubsequently, he wasmonitored bythe
Physicians' Health Program,a programof TheFoundationof the Pennsylvania
Medical Society [PHP] from in oraboutOctober 1995 to October 1998,whenhe
completed thePHPmonitoringagreement. Dr. Hertle furtheradmitsthatin orabout
August2008,herelapsed into opioidusage byconsumingas manyas three Percocets
aday until in oraboutJanuary2009, when he wasconfronted by his department
chairman. Dr. Hertle furtheradmits thatheentered into inpatienttreatmentMarworth
TreatmentCenter,a Board-approvedtreatmentprovider, in Waverly, Pennsylvania,
onoraboutMarch22, 2009, and wasdischarged treatmentcompleteonoraboutMay
19,2009,with dischargediagnoses includingOpioid Dependenceand Major
DepressiveDisorder, recurrent, in full remission.
Dr. Hertlestatesthat he has beensobersince March 22, 2009,thathe attendsat least
threeAAmeetingsand oneCaduceusmeetinga week; receives weekly individual
counselingand weekly physiciangrouptherapy; and submitsto random toxicology
testing four timesa month, with onetestingto also includeanethyl glucuronide
screening. Dr. Hertle further states that forat leasta yearbeforeenteringtreatmentat
Marworth, he received treatmentfrom a psychiatristona monthly basisfor
medication managementand received treatmentwith a therapisteveryotherweek.
F. Dr. Hertle furtheradmits thathewasevaluated by Joseph Pierri, M.S., M.D., his
formertreating psychiatrist,attheBoard'srequest, and thatDr. Pierri submitted a
reporttotheBoard onoraboutNovember5, 2010, indicating thatDr. HertJe has been
Dr. Pierri'spatientfrom January2008through June2010;thatDr. Hertle'sabilityto
practicemedicineand surgery has beenassessedand he has been found capableof
practicingaccordingtoacceptableand prevailingstandardsof care, subjecttocertain
conditions; thathisdiagnosesare MajorDepressiveDisorder,Moderate, Recurrent in
remission, Anxiety Disorder, NotOtherwiseSpecified, in remissionand Opiate
Dependence, in remission; that his treatmentplan includesoutpatient
pharmacotherapyand weekly psychotherapy;that he had been compliantwith his
treatmentplan; that he recommended that he continueoutpatientpsychiatriccare,
both pharmacotherapyand psychotherapy, aswell as an ongoing recovery program
for physicianswith a historyof drugdependence;and that priorto hisdischarge, Dr.
Hertlearranged for the recommended treatmentresources, includingmaintenance
pharmacotherapyand psychotherapyaswell as all thecomponentsofhisdrug
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CONSENTAGREEMENT
RICHARD W. HERTLE, M.D.
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dependencerecoveryprograminAkron,Ohio. Further,Dr. Hertlestatesthathe has
remainedcompliantwiththistreatmentplan.
G. Dr. Hertlestatesand theBoardacknowledgesreceiptofinformationto supportthathehas
remainedcompliantwiththetermsofanAftercarecontractwithSt.ThomasHospital,a
Board-approvedtreatmentproviderinAkron, Ohio,whichiseffectivefrom October21,
2010to atleastOctober21,2012. Further,Dr. HertlestatesandtheBoardacknowledges
receiptofinformationto supportthathe remainedcompliantwiththetermsofhisPHP
monitoringagreementwhichiseffectivefromonoraboutMay 19,2009,toMay 19,2014;
withthetermsofhisPHPinterstateagreementwhichiseffectivefromonoraboutJune 15,
2010to May 19,2014,and withthetermsofhisadvocacycontractwiththeOhioPhysician
HealthProgram[OPHP] whichiseffectivefrom onoraboutMay 12,2010,to May 12,
2015.
AGREED CONDITIONS
Wherefore, in considerationoftheforegoingandmutualpromiseshereinaftersetforth, andinlieuof
anyformalproceedingsatthistime, Dr. Hertle'scertificatetopracticemedicineand surgeryinOhio
shallbeRESTORED,providedheotherwisemeetsall statutoryand regulatoryrequirements,and upon
receiptofall necessaryandappropriatedocumentation. Further,Dr. Hertleknowinglyandvoluntarily
agreeswiththe Boardthatsaidcertificatetopracticemedicineand surgeryshallbe subjecttothe
followingPROBATIONARYterms,conditionsandlimitations:
1. Dr. Hertleshallobeyallfederal, state,andlocal laws,andallrulesgoverningthepracticeof
medicinein Ohio.
2. Dr. HertleshallsubmitquarterlydeclarationsunderpenaltyofBoarddisciplinaryactionor
criminalprosecution,statingwhethertherehasbeencompliancewithalltheconditionsof
thisConsentAgreement. Thefirstquarterlydeclarationmustbe receivedinthe Board's
officesonthefirst dayofthethirdmonthfollowingthemonthinwhichthisConsent
Agreementbecomeseffective,oras otherwiserequestedbythe Board. Subsequent
quarterlydeclarationsmustbe receivedinthe Board'sofficesonorbeforethe first dayof
everythirdmonth.
3. Dr. Hertleshallappearinpersonforaninterviewbeforethe full Boardoritsdesignated
representativeduringthethirdmonthfollowingtheeffectivedateofthisConsent
Agreement. Subsequentpersonalappearancesmustoccureverythree monthsthereafter,
and/orasotherwiserequestedbythe Board. Ifanappearance is missedoris rescheduledfor
anyreason,ensuingappearancesshallbe scheduledbasedonthe appearancedateas
originallyscheduled.
4. Dr. HertleshallobtainpermissionfromtheBoardfordeparturesorabsencesfrom
Ohio. Suchperiodsofabsenceshallnotreducetheprobationaryterm,unless
otherwisedeterminedbymotionoftheBoardforabsencesofthreemonthsorlonger,
orbythe Secretaryorthe SupervisingMemberoftheBoardforabsencesoflessthan
threemonths, in instanceswheretheBoardcanbe assuredthatprobationary
monitoringisotherwisebeingperformed. Further,the Secretaryand Supervising
STEPII CONSENTAGREEMENT
RICHARD W. HERTLE,MD.
PAGE4
Memberofthe Board shall have the discretion to grantawaiverofpartorall ofthe
probationary termssetforth in thisConsentAgreementfor occasional periodsof
absence offourteen daysor less. In the eventthat Dr. Hertle resides and/or is
employedat a location that is within fifty milesofthe geographic borderofOhio and
any ofitscontiguousstates, Dr. Hertlemay travel between Ohioand thatcontiguous
statewithoutseeking priorapproval ofthe Secretaryor SupervisingMember
provided that Dr. Hertle is ableto otherwisemaintain full compliancewith all other
terms, conditionsand limitationsset forth in thisConsentAgreement.
5. In theeventDr. Hertle is found by the Secretaryofthe Board to have failed to
complywith any provision ofthisConsent Agreement, and is so notifiedofthat
deficiency in writing, such period(s)ofnoncompliancewill not apply to the reduction
ofthe probationaryperiod underthisConsentAgreement.
MONITORINGOFREHABILITATIONAND TREATMENT
DrugAssociated Restrictions
6. Dr. Hertleshall keepalog ofall controlled substances prescribed. Such log shall be
submitted, in the format approved by the Board,on the date upon which Dr. Hertle's
quarterly declaration is due, or as otherwisedirected by the Board. Further,
Dr. Hertleshall make his patientrecords with regard to such prescribingavailablefor
review by an agentofthe Board immediately upon request.
7. Dr. Hertleshall not, without priorBoard approval, administer, personallyfurnish, or
possess(exceptasallowed under Paragraph8below) any controlled substancesas
defined by stateor federal law. In the eventthatthe Board agreesat afuture date to
modify thisConsentAgreementto allow Dr. Hertleto administeror personally
furnish controlled substances, Dr. Hertle shall keepalog ofall controlledsubstances
prescribed, administered or personallyfurnished. Such log shall be submitted in the
format approved by the Boardand shall besubmitted to the Board no laterthan the
date upon which Dr. Hertle'squarterlydeclaration is due, oras otherwisedirected by
the Board. Further, Dr. Hertle shall make his patient recordswith regard to such
prescribing, administering, or personally furnishing available for review byan agent
ofthe Board immediately upon request.
Sobriety
8. Dr. Hertle shall abstain completely from the personal use orpersonal possessionof
drugs, exceptthose prescribed, dispensed or administered to him by anotherso
authorized by law who has full knowledgeofDr. Hertle'shistoryofchemical
dependencyand psychiatriccondition. Further, in the eventthatDr. Hertle is so
prescribed,dispensed oradministered any controlled substance, carisoprodol,or
tramadol, Dr. Hertleshall notify the Board in writingwithin seven days, providing
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STEP II CONSENTAGREEMENT
RICHARD W. HERTLE,M.D.
PAGE5
the Boardwith the identityofthe prescriber;the nameofthe drug Dr. Hertle
received; the medical purposefor which he received said drug; thedatesuch drug
was initially received; and thedosage, amount, numberofrefills, and directionsfor
use. Further,within thirty daysofthedatesaid drug is so prescribed,dispensed,or
administered to him, Dr. Hertleshall providethe Board with eithera copyofthe
written prescriptionorotherwritten verification from theprescriber, includingthe
dosage,amount, numberofrefills, and directions for use.
9. Dr. Hertleshallabstaincompletely from the useofalcohol.
DrugandAlcobolScreenslDrugTestingFacilityand CollectionSite
10. Dr. Hertleshall submitto random urinescreeningsfor drugsand alcoholat leastfour
times permonth,orasotherwisedirected by the Board. Dr. Hertleshall ensurethat
all screeningreportsare forwarded directly to the Board on aquarterly basis. The
drugtesting panel utilized must be acceptableto the Secretaryofthe Board,and shall
includeDr. Hertle'sdrug(s) of choice. Additionally,atleastoneof every four urine
specimens,selectedon a random basis, shall be tested for ethyl glucuronide.
Dr. Hertleshall abstain from theuseofany substanceand theconsumptionofpoppy
seedsorany otherfood or liquid thatmay producea low level positiveresult in a
toxicology screen. Dr. Hertleacknowledgesthat he understandsthattheconsumption
or useofsuchsubstances, including butnot limited tosubstancessuchas mouthwash
or hand cleaninggel, may causea positivedrugscreenthatmay not be ableto be
differentiated from intentional ingestion,and thereforesuchconsumptionoruse is
prohibited underthisConsentAgreement.
All such urinescreenings for drugsand alcohol shall be conducted through a Board-
approveddrugtesting facility and collection site pursuantto theglobal contract
betweensaid facility and the Board,thatprovidesfor the Board to maintain ultimate
control overthe urinescreeningprocessand to preservetheconfidentialityof all
positivescreeningresults in accordancewith Section4731.22(F)(5),Ohio Revised
Code,and the screeningprocessshall requireadaily call-in procedure. Further, in
theeventthatthe Boardexercises itsdiscretion,asprovided in Paragraph II below,
toapprove urinescreeningsto be conducted atanalternativedrugtesting facility
and/orcollectionsiteorasupervisingphysician, suchapprovalshall be expressly
contingentupon the Board retainingultimatecontroloverthe urinescreeningprocess
in a mannerthatpreservesthe aforementionedconfidentiality of all positivescreening
results.
Dr. Hertleshall submit, at his expenseand on theday selected, urinespecimensfor
drugand/oralcohol analysis. All specimenssubmitted by Dr. Hertleshall be
negative, exceptfor thosesubstancesprescribed,administered, ordispensed to him in
conformancewith the terms, conditionsand limitationssetforth in thisConsent
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STEP II CONSENT AGREEMENT
RlCHARD W. HERTLE, M.D.
PAGE 6
Agreement. Refusal to submit such specimen, or failure to submit such specimen on
the day he is selected or in such manner as the Board may request, shall constitute a
violation of this Consent Agreement.
Further, within thirty days of the effective date of this Consent Agreement, Dr. Hertle
shall enter into the necessary financial and/or contractual arrangements with the
Board-approved drug testing facility and/or collection site in order to facilitate the
urine screening process in the manner required by this Consent Agreement. Further,
Dr. Hertle shall promptly provide to the Board written documentation of completion
of such arrangements, including a copy of any contract entered into between Dr.
Hertle and the Board-approved drug testing facility and/or collection site. Dr.
Hertle's failure to timely complete such arrangements, or failure to timely provide
written documentation to the Board of completion of such arrangements, shall
constitute a violation of this Consent Agreement. However, Dr. Hertle and the Board
further agree that in the event Dr. Hertle previously entered into the aforementioned
financial and contractual agreements pursuant to the requirements ofa prior consent
agreement with the Board under which Dr. Hertle is currently participating in an
ongoing urine screening process, then this requirement shall be waived under the
instant consent agreement.
Dr. Hertle shall ensure that the urine screening process performed through the Board-
approved drug testing facility and/or collection site requires a daily call-in procedure;
that the urine specimens are obtained on a random basis; and that the giving of the
specimen is witnessed by a reliable person. In addition, Dr. Hertle and the Board-
approved drug testing faci Iity and collection site shall assure that appropriate control
over the specimen is maintained and shall immediately inform the Board of any
positive screening results.
Dr. Hertle shall ensure that the Board-approved drug testing facility and/or collection
site provides quarterly reports to the Board, in a format acceptable to the Board,
verifYing whether all urine screens have been conducted in compl iance with this
Consent Agreement, and whether all urine screens have been negative.
In the event that the Board-approved drug testing facility and/or collection site
becomes unable or unwilling to serve as required by this Consent Agreement, Dr.
Hertle must immediately notifY the Board in writing, and make arrangements
acceptable to the Board pursuant to Paragraph 11 below, as soon as practicable. Dr.
Hertle shall further ensure that the Board-approved drug testing facility and/or
collection site also notifies the Board directly of its inability to continue to serve and
the reasons therefore.
Dr. Hertle acknowledges that the Board expressly reserves the right to withdraw its
approval of any drug testing facility and/or collection site in the event that the
Secretary and Supervising Member of the Board determine that the drug testing
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STEPII CONSENTAGREEMENT
RICHARD W. HERTLE, M.D.
PAGE7
facility and/orcollectionsite has demonstrated a lack ofcooperation in providing
information to the Board orfor any otherreason.
11. Dr. Hertle and the Board agree thatit is the intentofthisConsentAgreementthatDr.
Hertleshall submithis urine specimensto the Board-approved drug testing facility
and collectionsitechosen by the Board. However, in the eventthat utilizing said
Board-approveddrug testing facility and/orcollectionsitecreatesan extraordinary
hardship upon Dr. Hertle, as determined in thesolediscretion ofthe Board, then
subjectto the following requirements, the Board may approvean alternatedrug
testing facility and/orcollectionsite, orasupervising physician, to facilitatethe urine
screening processfor Dr. Hertle:
a. Within thirty daysofthedate upon which Dr. Hertle is notified ofthe Board's
determination that utilizing the Board-approveddrug testing facility and/or
collectionsiteconstitutesan extraordinaryhardship upon Dr. Hertle, he shall
submitto the Board in writing for its priorapproval the identityofeitheran
alternatedrug testing facility and collection site, orthe name ofaproposed
supervising physician, to whom Dr. Hertleshall submitthe required urine
specimens. In approvingafacility, entity, oran individual to serve in this
capacity, the Board will give preferenceto afacility located near Dr. Hertle's
residenceoremploymentlocation, orto aphysician who practices in thesame
localeas Dr. Hertle. Dr. Hertleshall ensurethat the urinescreening process
performed through the alternatedrug testing facility and/orcollection site, or
through the supervising physician, requiresadaily call-in procedure; thatthe
urinespecimensare obtained on arandom basis; and that the giving ofthe
specimen is witnessed by areliable person. In addition, Dr. Hertle
acknowledgesthat the alternatedrugtesting facility and collectionsite, orthe
supervising physician,shall assurethatappropriatecontrol overthespecimen is
maintained and shall immediately inform the Board ofany positivescreening
results.
b. Dr. Hertleshall ensurethatthe alternatedrug testing facility and/orcollection
site, orthesupervising physician, providesquarterly reports to the Board, in a
format acceptable to the Board,verifYing whetherall urine screenshave been
conducted in compliancewith thisConsentAgreement, and whetherall urine
screens have been negative.
c. In the eventthatthe designated alternatedrug testing facility and/orcollection
site,orthesupervisingphysician, becomesunableor unwilling to so serve, Dr.
Hertle must immediately notify the Board in writing. Dr. Hertleshall further
ensure that the previously designated alternatedrugtesting facility and
collectionsite,orthe supervising physician,also notifiesthe Board directlyof
the inabilityto continueto serveand the reasonstherefore. Further, in orderto
ensurethat there will be no interruption in :>,creening process, upon the
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STEPII CONSENTAGREEMENT
RICHARD W. HERTLE, M.D.
PAGE8
previouslyapproved alternatedrug testing facility, collectionsite, or
supervising physician becoming unable to serve, Dr. Hertle shall immediately
commenceurine screeningatthe Board-approveddrug testing facility and
collection sitechosen by the Board, until suchtime, ifany,thatthe Board
approvesasubsequentalternatedrug testing facility, collection site,or
supervising physician, ifrequested by Dr. Hertle.
d. TheBoard expressly reservesthe rightto disapproveanyentityor facility
proposed to serveas Dr. Hertle'sdesignated alternatedrug testing facility
and/orcollectionsite,orany person proposed to serveas his supervising
physician,orto withdrawapproval ofanyentity, facilityor person previously
approved to so serve in the eventthat the Secretaryand SupervisingMemberof
the Board determinethatanysuch entity, facility or person hasdemonstrateda
lackofcooperation in providing information to the Board or for any other
reason.
12. All screening reportsrequired underthisConsentAgreementfrom the Board-
approved drug testing facility and/orcollection site, or from thealternatedrug testing
facility and/orcollection siteorsupervising physician, must be received in the
Board'sofficesno laterthan the duedate for Dr. Hertle'squarterlydeclaration. It is
Dr. Hertle'sresponsibilityto ensurethat reportsare timely submitted.
13. The Board retainsthe rightto require, and Dr. Hertleagreesto submit, blood, urine,
breath, salivaand/or hairspecimensfor screeningfor drugsand alcohol, for analysis
oftherapeutic levelsofmedicationsthatmay be prescribed for Dr. Hertle, orfor any
other purpose, at Dr. Hertle'sexpense upon the Board'srequestand without prior
notice. Dr. Hertle'srefusal to submitaspecimen upon requestofthe Board shall
result in aminimum ofoneyearofactual Iicensesuspension. Further, the collection
ofsuch specimensshall be witnessed by arepresentativeofthe Board, or another
person acceptableto the Secretaryor Supervising Memberofthe Board.
MentalHealthTreatment
14. Within thirtydaysofthe effectivedateofthisConsentAgreement, Dr. Hertleshall
submitto the Board for its priorapproval the nameand qualificationsofapsychiatrist
ofhis choice. Upon approval by the Board, Dr. Hertle shall undergoand continue
psychiatrictreatmentfor medication managementat leastmonthly, coupledwith
individual psychotherapy,at leasteverytwo weeks, orasotherwisedirected by the
Board. Dr. Hertle shall comply with his psychiatric treatmentplan, includingtaking
medicationsas prescribed and/orordered. Dr. Hertle shall ensurethatpsychiatric
reportsare forwarded by his treating psychiatristto the Board on aquarterly basis, or
as otherwisedirected by the Board. The psychiatric reportsshall contain information
describing Dr. Hertle'scurrenttreatment plan and any changesthat have been made
to the treatmentplan sincethe priorreport; Dr. Hertle'scompliancewith his
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STEP II CONSENT AGREEMENT
RICHARD W. HERTLE, M.D.
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treatment plan; Dr. Hertle's mental status; Dr. Hertle's progress in treatment; and
results of any laboratory studies that have been conducted since the prior report. Dr.
Hertle shall ensure that his treating psychiatrist immediately notifies the Board of his
failure to comply with his psychiatric treatment plan and/or any determination that
Dr. Hertle is unable to practice due to his psychiatric disorder. It is Dr. Hertle's
responsibility to ensure that quarterly reports are received in the Board's offices no
later than the due date for Dr. Hertle's quarterly declaration.
The psychotherapy required as part of Dr. Hertle's psychiatric treatment pursuant to
this paragraph may be delegated by Dr. Hertle's treating psychiatrist to an
appropriately Iicensed mental health professional approved in advance by the Board,
so long as Dr. Hertle's treating psychiatrist oversees/supervises such psychotherapy;
includes information concerning Dr. Hertle's participation and progress in
psychotherapy in his or her quarterly reports; and continues to meet personally with
Dr. Hertle at least monthly. Should the psychotherapy required pursuant to this
provision be delegated to a licensed mental health professional, Dr. Hertle shall
ensure that psychotherapy reports are forwarded by his treating licensed mental
health professional to the Board on a quarterly basis, or as otherwise directed by the
Board. The psychotherapy reports shall contain information describing Dr. Hertle's
current treatment plan and any changes that have been made to the treatment plan
since the prior report; Dr. Hertle's compliance with his treatment plan; Dr. Hertle's
mental status; Dr. Hertle's progress in treatment; and results of any laboratory studies
that have been conducted since the prior report. Dr. Hertle shall ensure that his
treating licensed mental health professional immediately notifies the Board of his
failure to comply with his psychotherapy treatment plan and/or any determination
that Dr. Hertle is unable to practice due to his psychiatric disorder. These
psychotherapy reports shall be in addition to the reports submitted by Dr. Hertle's
treating psychiatrist. It is Dr. Hertle's responsibility to ensure that all quarterly
reports are received in the Board's offices no later than the due date for Dr. Hertle's
quarterly declaration.
In the event that the designated treating psychiatrist and/or licensed mental health
professional becomes unable or unwilling to serve in this capacity, Dr. Hertle must
immediately so notify the Board in writing. In addition, Dr. Hertle shall make
arrangements acceptable to the Board for another treating psychiatrist and/or licensed
mental health professional within thirty days after the previously designated treating
psychiatrist and/or licensed mental health professional becomes unable or unwilling
to serve, unless otherwise determined by the Board. Furthermore, Dr. Hertle shall
ensure that the previously designated treating psychiatrist and/or licensed mental
health professional also notifies the Board directly of his or her inability to continue
to serve and the reasons therefore.
The Board expressly reserves the right to disapprove any psychiatrist proposed
to serve as Dr. Hertle's designated treating psychiatrist and/or any licensed
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STEPII CONSENTAGREEMENT
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mental health professional proposed to serveas Dr. Hertle'sdesignated treating
licensed mental health professional, or to withdraw approval ofany such
psychiatristor licensed mental health professional previouslyapproved toserve
as Dr. Hertle'sdesignated treating psychiatristor licensed mental health
professional, in the eventthatthe Secretaryand Supervising Memberofthe
Board determine thatany such psychiatristorlicensed mental health
professional hasdemonstrated alack ofcooperation in providing information to
the Board orfor any otherreason.
MonitoringPhysician
15. Beforeengaging in any medical practice in Ohio, Dr. Hertle shall submitto the Board
in writing the name and curriculum vitaeofamonitoring physician for priorwritten
approval by the Secretaryor SupervisingMemberofthe Board. In approvingan
individual to serve in thiscapacity, the Secretaryand Supervising Memberwill give
preference to aphysician who practices in the same localeas Dr. Hertleand who is
engaged in the sameorsimilar practicespecialty.
Themonitoring physician shall monitor Dr. Hertleand his medical practice, and shall
review Dr. Hertle'spatientcharts. The chart review may be doneon arandom basis,
with the frequency and numberofcharts reviewed to be determined by the Board.
Further, the monitoring physicianshall provide the Board with reportson the
monitoring ofDr. Hertleand his medical practice, and on the review ofDr. Hertle's
patientcharts. Dr. Hertle shall ensurethat the reportsareforwarded to the Board on a
quarterly basisand are received in the Board'sofficesno laterthan the duedate for
Dr. Hertle'squarterly declaration.
In the eventthat thedesignated monitoringphysician becomesunableor unwillingto
serve in thiscapacity, Dr. Hertlemust immediately so notify the Board in writing. In
addition, Dr. Hertleshall make arrangementsacceptableto the Board for another
monitoring physician withinthirtydaysafterthe previouslydesignated monitoring
physician becomes unableorunwilling to serve, unlessotherwisedetermined by the
Board. Furthermore, Dr. Hertleshall ensurethatthe previouslydesignated
monitoring physicianalso notifiesthe Board directly ofhis or her inability to
continuetoserveand the reasons therefore.
TheBoard expressly reservesthe rightto disapproveany person proposed to
serveas Dr. Hertle'sdesignated monitoring physician, orto withdraw approval
ofany person previouslyapproved to serveas Dr. Hertle'sdesignated
monitoring physician, in theeventthatthe Secretaryand SupervisingMember
ofthe Board determinethatany such monitoring physician hasdemonstrated a
lack ofcooperation in providing information to the Board orfor any other
reason.
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RehabilitationProgram
16. Dr. Hertleshall maintain participation in an alcohol and drugrehabilitation program,
suchas A.A.,N.A.,C.A.,orCaduceus, no less than threetimes perweek.
Substitutionofanyotherspecific program mustreceivepriorBoard approval.
Dr. Hertle shall submitacceptabledocumentaryevidenceofcontinuingcompliance
with thisprogram, includingsubmissionto the Board ofmeetingattendance logs,
whichmustbe received in the Board'soffices no laterthan theduedate for
Dr. Hertle'squarterlydeclarations.
Aftercare
17. Dr. Hertleshallcontactanappropriate impaired physicianscommittee,approved by
the Board, to arrangeforassistance in recoveryoraftercare.
18. Dr. Hertleshall maintaincontinued compliancewith thetermsoftheaftercare
contractentered intowith a Board-approved treatment provider, provided that, where
termsoftheaftercarecontractconflictwith termsofthisConsentAgreement,the
termsofthisConsentAgreementshall control.
Releases
19. Dr. HertJe shall provideauthorization, throughappropriatewrittenconsentforms, for
disclosureofevaluative reports, summaries, and records, ofwhatevernature, byany
andall partiesthatprovidetreatmentorevaluationfor Dr. Hertle'schemical
dependency, psychiatriccondition,orrelated conditions,orfor purposesof
complyingwith thisConsentAgreement, whethersuchtreatmentorevaluation
occurredbeforeoraftertheeffectivedateofthisConsentAgreement. Totheextent
permitted by law, theabove-mentioned evaluativereports, summaries,and records
areconsidered medical records for purposesofSection 149.43 ofthe Ohio Revised
Codeand are confidential pursuanttostatute. Dr. Hertle furtheragreesto providethe
Boardwrittenconsentpermittinganytreatmentproviderfrom whomheobtains
treatmentto notifythe Board in theevent he fails toagreetoorcomplywith any
treatmentcontractoraftercarecontract. Failureto providesuchconsent,or
revocationofsuchconsent,shallconstitutea violationofthisConsentAgreement.
Required Reportingby Licensee
20. Within thirtydaysofthe effectivedateofthisConsentAgreement, Dr. Hertleshall
provideacopyofthisConsentAgreementto all employersorentitieswithwhichhe
is undercontractto providehealth careservices(including but not limited to third
partypayors)oris receivingtraining, and theChiefofStaffat eachhospitalwherehe
hasprivilegesorappointments. Further, Dr. Hertleshall promptlyprovideacopyof
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R1CHARD W. HERTLE, M.D.
PAGE 12
thisConsentAgreementtoall employersorentitieswith which he contractsto
provide health careservices,orappliesfor or receivestraining, and theChiefofStaff
ateach hospital where he appliesfor orobtainsprivilegesorappointments. In the
eventthat Dr. Hertle providesany healthcareservicesor health caredirectionor
medicaloversighttoany emergency medical servicesorganizationoremergency
medical services provider, within thirty daysoftheeffectivedateofthisConsent
AgreementDr. Hertleshall providea copyofthisConsentAgreementtotheOhio
DepartmentofPublic Safety, DivisionofEmergency Medical Services. Further, Dr.
Hertleshall providethe Boardwithoneofthe following documentsas proofof each
required notification within thirty daysofthedateof each such notification: (1)the
return receiptof certified mail withinthirtydaysofreceivingthatreturn receipt, (2)
an acknowledgementof delivery bearingtheoriginal inksignatureofthe personto
whoma copyoftheConsentAgreementwashand delivered, (3) theoriginal
facsimile-generated reportconfirmingsuccessfultransmissionofacopyof the
ConsentAgreementto the personorentitytowhomacopyoftheConsentAgreement
wasfaxed, or(4)an original computer-generated printoutof electronicmaiI
communicationdocumentingtheemail transmissionof a copyoftheConsent
Agreementtothe personorentityto whomacopyofthe ConsentAgreementwas
emailed.
21. Within thirtydaysoftheeffectivedateofthisConsentAgreement, Dr. Hertleshall
providea copyofthisConsentAgreementto the proper licensingauthorityofany
stateorjurisdiction in which he currentlyholdsany professional license,aswell as
anyfederal agencyorentity, including butnot limited tothe DrugEnforcement
Agency, through which he currently holdsany licenseorcertificate. Dr. Hertle
further agreesto provideacopyofthisConsentAgreementattimeofapplicationto
the properlicensingauthorityof any state in which heappliesfor any professional
licenseorfor reinstatementof any professional license. Further, Dr. Hertleshall
providethe Board with oneofthe followingdocumentsas proofof each required
notification within thirty daysofthedateof eachsuch notification: (I)thereturn
receiptof certified mail within thirtydaysofreceivingthat return receipt, (2)an
acknowledgementof delivery bearingtheoriginal ink signatureofthe person to
whoma copyoftheConsentAgreementwashanddelivered, (3) theoriginal
facsimile-generated reportconfirmingsuccessful transmissionofacopyofthe
ConsentAgreementto the personorentity towhomacopyofthe ConsentAgreement
wasfaxed, or(4) anoriginal computer-generated printoutof electronicmail
communicationdocumentingtheemail transmissionof a copyoftheConsent
Agreementtothe personorentitytowhomacopyofthe ConsentAgreementwas
emailed.
22. Dr. Hertleshall promptly provideacopyofthisConsentAgreementtoall persons
and entitiesthatprovideDr. Hertlechemical dependencyand/ormental health
treatmentormonitoring. Further, Dr. Hertleshall providetheBoardwith oneofthe
following documentsas proofof each re .r :.d.noti fication within thirtydaysofthe
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RICHARD W. HERTLE, M.D.
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dateofeachsuchnotification: (I)the return receiptofcertified mail within thirty
daysofreceivingthat return receipt, (2)anacknowledgementofdelivery bearingthe
original inksignatureofthe person towhom acopyoftheConsentAgreementwas
hand delivered, (3)theoriginal facsimile-generated reportconfirmingsuccessful
transmissionof a copyoftheConsentAgreementtothepersonorentitytowhoma
copyoftheConsentAgreementwasfaxed, or(4)an originalcomputer-generated
printoutofelectronic mail communicationdocumentingtheemail transmissionofa
copyoftheConsentAgreementto the personorentityto whoma copyofthe
ConsentAgreementwasemailed.
23. Dr. Hertleshall notify the Board in writingofanychangeofprincipal practice
addressorresidenceaddresswithinthirtydaysofsuchchange.
FAlLURETOCOMPLY
If, in thediscretionofthe Secretaryand Supervising Memberofthe Board, Dr. Hertleappearsto
haveviolated orbreached anyterm orconditionofthisConsentAgreement, the Board reserves
the rightto instituteformal disciplinary proceedings for anyand all possibleviolationsor
breaches, including, but not limited to, alleged violationsofthe lawsofOhiooccurring before
theeffectivedateofthis ConsentAgreement.
IftheSecretaryand SupervisingMemberofthe Board determinethatthere is clearand
convincingevidencethat Dr. Hertlehasviolated anyterm, conditionorlimitationofthisConsent
Agreement, Dr. Hertleagreesthat the violation,asalleged, alsoconstitutesclearand convincing
evidencethat hiscontinued practicepresentsadangerofimmediateandseriousharm to the
public for purposesofinitiatinga summarysuspension pursuantto Section473I .22(G),Ohio
Revised Code.
DURATIONIMODIFICATIONOFTERMS
Dr. Hertleshall notrequestterminationofthisConsentAgreementfora minimumoffive years.
In addition, Dr. Hertleshall not request modificationto the probationaryterms, limitations,and
conditionscontained herein forat leastoneyear, exceptthat Dr. Hertle may makesuchrequest
withthe mutual approval andjointrecommendationoftheSecretaryand SupervisingMember.
Otherwise,theabove-describedterms, limitationsand conditionsmay be amended orterminated
in writingatanytimeupon theagreementofboth parties.
In the eventthatthe Board initiatesfuture formal proceedingsagainst Dr. Hertle, including but
not limited to issuanceofaNoticeofOpportunity for Hearing, thisConsentAgreementshall
continue in full force and effectuntil such timethat it is superseded by ratification by the Board
ofa subsequentConsentAgreementorissuance by the Boardofafinal Board Order.
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RICHARD W. HERTLE, M.D.
PAGE 14
In theeventthatany term, limitation, orconditioncontained in thisConsentAgreement is
determined to beinvalid by a courtof competentjurisdiction, Dr. Hertleand the Board agreethat
all otherterms, limitations,and conditionscontained in thisConsentAgreementshall be
unaffected.
ACKNOWLEDGMENTSILIABILITYRELEASE
Dr. Hertleacknowledgesthathe has had an opportunitytoaskquestionsconcerningthe termsof
thisConsentAgreementand thatall questionsasked have beenanswered in asatisfactory
manner.
Any action initiated bytheBoard based on alleged violationsofthisConsentAgreementshall
complywith the AdministrativeProcedureAct, Chapter 119.,OhioRevised Code.
Dr. Hertle hereby releasesthe Board, its members,employees,agents, officersand
representativesjointlyand severally from any and all liabilityarising from the within matter.
ThisConsentAgreementshall beconsidered a public record as that term is used in Section
149.43,OhioRevised Code. Further, this informationmay be reported toappropriate
organizations,data banksand governmental bodies. Dr. Hertleacknowledgesthat hissocial
securitynumberwill be used ifthis information is soreported and agreesto provide hissocial
securitynumbertotheBoard forsuch purposes.
EFFECTIVEDATE
It is expresslyunderstood thatthisConsentAgreementis subjectto ratification by the Board
priorto signatureby the Secretaryand Supervising Memberand shall becomeeffectiveuponthe
last date0 ignatur ow.
~
Secretary
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STEP II CONSENT AGREEMENT
RICHARD W. HERTLE, M.D.
PAGE 15
ERIC PLINKE .-
Attorney for Dr. Hertle
YMOND J. ALBERT
.. M b /
upervlslng em er
MARCIE PASTRICK
Enforcement Attorney
"3. ;).0/0

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